The Sun. — London, England, 1818-02-07 00:00:00

party were: depreciated, le- the .P,tl-ie suffered by the advance - in the nf every necessary of life. lie . hoped thin would he devply in- Anstred.itom before. it %V a 5 trievocably settled whe- Oar the Bank_should or should not resume their cash moyments in the course of •the present year. Lord Casrne v.a6ti thought it extremely de sirrOnle that this. question should not now be, pushed to a dkrussion, particularly as there were not grounds sufficient heraae the House to raise • a discussion upon it. Vie Gentleman who spoke last. and indeed all whers, would do wrong to his Nlaje“y's Ministers if th e y (lid not suppose theni sittertely anxious that the Bank should. . resume their cash payrnents as those Gtattlenien a pridd he themselves. Indeed it would be highly _.gratifying to them if the 13ank payments and the eircalatiou of the country could be restored as Soil as possible. 1311! Gentlemen might rely oo it that vuotia , would be made out to constitote a .special cxse , shOold the Bank be likely nut to 're some their cash paymeuts at the . peri;ol in goes . tiott. lint he teas sure that 110 set of Gentlemen • ware mote interested than those of that House, iii taking care that the Bank should not be suffered to open at a moment that would compel them to • withhold all proper aceommodatiou Irmo the country.' fie differed, however, front . the Right Lion. Gentleman (Mr. Tierney), who thought -.that, no case could arise that ought to prevent the Batik from resuming their payments, and world say, that if a case should. arise of such large fo reign loans as %you'd render the withdrawing of the specie from the Bank dangeroos, Parliament owed it to (be country to renew the Restriction bid, but not without a special case could be made out. to the satisfaction ot the House. Foreign loans might be contracted for of such magnitude as might be truly alarming, and over which the Councils of this country could have no controol. .He apprehended that if the qoestion u were deemed necessary to be brought before the House, it would be found one infinitely more imperative •and important than the 3,000,000 to Prussia al luded to by the Right Hon. Gentleman. But it. was impossible, at the present moment, .for Mi nisters to open to the House the circumstances which in their judgment might render i it necessary to make a communication on the .subject at a 'future 'period. They- were, however, ready to admit, and to repeat that there was nothing in the remotest degree'comiected with our internal state or our foreign relations, that cool(' form the sligioest objection to the resumption of the pay ments at the period expected. But there might grow out of -those great foreign transactions .the •important coosideration,that they might menace the operations of those arrangements of the Treasury of the Bank that might compel'it to inflict a most serious wound-on the country. He must dissent, however, from the Right. fion. Gentleman that there were any transactions in agitation that could he obviated. Nothing was more fallacious than this. But the question - for the-House might be, how far t he circulating medium, might be dimi nished by placing enormous capital on se curity out of this country. He hoped the House and the Nation would look gravely and seriously at this important consideration ; for when we knew that 'money could now be raised at'home at little more than two per cent., while by investing it in foreign countries more than four times the amount might he acquired, the eag erness to place our capital in foreign fuuds mostba seen and ac knowledged. And then it became.a subject fur consider.;tion . how such an operation might bear on the treasures of the Bank. On the whole, then, lie was of opinion, that no lion. Gentleman would he. so bold as to imagine that a case might not exist that might 'make it necessary to bring the subject roger the deep consideration of Par liametit ; for if the Bank was necessitated to pay in specie, the precious metals might presently be swept from the country. He only hoped that-the House would give his Majesty's Ministers credit for- pat submitting tilis question to their considera tion til: the proper time, as it was one that in volved the best interests of the country, a ques tion that might tend to starve the circulation, and thus be the greatest injury that could be counte nanced. It would be better to purchase a tri umph by even a little, procrastination, provided it enabled us to look fait ly at the question ; but he disclaimed, on the behalf of himself and his col leagnes, any view beyond what might appear on a broad, distinct, and special case, for preventing the renewal of cash-payments, it found neces s ary during the present year. Lord A. HatunaroN•made a few observations on the foreign loans, but the noise occasioned by Metabers. leaving the House, as soon, as Lord Castlereagh had concluded,. rendered- him totally inaudible. • • Mr HAMMERSLEY observed that though there was no desire to prevent persons-from investing their money in foreign countries, they ought not to be encouraged to do so. He alluded to an article in the Treaty of 1814-15, which certainly encouraged the subjects of this country to unrest their money abroada• and this appeared to him to he t highly, objectionable. But the preference given to the holders of foreign stock arose out of the circumstances of the noire sit. • - CASVCEREAGH said the debt due to British subjects,:Whichhad'heen -considered in the treat of 1814, was one arising out of peculiar , circum stance., ividcli'''gave the parties , .a just claim on the country. Thi!aiea'ngement which had been sti pulated in that treaty was to indemnify the par ties it 'affected, for English -property which had been confiscated at the commencement of the war , which - property had been placed in the situation 'it was then found in, on the faith of the Treaty of 1787, which gave British subjects the right of withdrawing their property from France,, in the event of a new war breaking out. The clitims of - such -.persons had been admitted in the treaty of Amiens, and the faith of Government And of the country had been pledged 10 support them. Had this not been done, it might have been said that they had been en trapped into sending their goods to France by the treaty of 1787. It was therefore thought neces sary to introduce an article on this subject into the treaty of Amiens, and it was to give effect to that, that the stipulation, contained in the treaty of 1814, and that which appeared still more con spicuous in the treaty,of 1815, bad been brought forward. It had been intended but to give relief to one particnii.r 91.. persons who had risked their property 'lnlet- - the treaty to which he had referred. lie be. - ged that 'be might be distinctly Uoderstspoil to copt,end that, British subjects; who now placed their inhut Vin lbreign funds, would 'ace a similar ;fie . Got-eminent oft he country.. If they chose so to dispose of their property, the country would not be bound to en counter all tire inconveniences protracted war ;., fate, to _sec thein sale 'through their pecuniary Speculations:" WhatbWd been done on the occa sions of which he had just, spoken, could only be ailed for in 4,sPecial ease, where the subject act ed on a particular treaty, the observance of which the country was hound to support. Mr. 1 - lAmmEßkitY expressed hints!-If much gra :ifird by the Statement which bad just been made, but he tv,.s of 01)1111011 Lot t) Auckland's treaty, when it teas conelnded in 1787, teas never meant Ottenci •to claimants like -ome of those whose itit,re;ts had been attended to in the late treaties. The resolution Was then - agreed to, as were several whets, which passed without discussion, the substance of which could not be distinctly cetllrcted i:i the gallery. • 'rhe liouse 'then resumed, and the Report o the Committee was °uteri:A to be received of Monday. SECRET COMMITTEE. read, : up the -Report of the from which it appeared on the following Mem- Mr. BROGIIEN broliglv Committee of Scrutiny, that the ballot bad fillet] The Attorney-General .. The Right Hun. G. Canning The Rigl:t Hun. C.lorke • Mr. W. Egerton Mr. W. `Wilberforce- Mr. B. Wilbraham Mr. W. Dundas The Right Hun. B. reel Sir W. Curtis • and Admiral Franks. Upon the name of Lord G. Cavendish. being hers : Lord Milton - Lord G. Cavendish Mr. C. W. NVynne Lord Castlereagh Lord Lascelles Right Hon. C. lathorst The Hon. Win. Lamb Sir A. Pigott Sir W. Scott Sir J. The Solicitor-General Sir M. RIDLEY .begged to state to the House, that it was impossibly for.his Noble Friend to at tend upon theCommittee,and,therefore,he thought that another name should be substituted for that of the Ntsble Lord. When the name of Lord Castlereagh was read, Mr. BaouonAm oi)served, that the Noble Lon) was a party coact rued, and by being a Member of the Committee•would be made a judge in his own cause. He, therefore, waa desirous that the sense of the House should be taken as to the eligibility of the Noble Lord to be a member of the Com mittee. According to the mode of proceeding upon the present occasion, the Select Committee would be chosen by a select body of that House, and would consist chiefly of persons in the service of Government. The name of his Hon Friend, Sir A. Pigott, was liable to the same observation that had been made on that of Lord G Caven dish.• His Learned Friend could pot attend, and had declined attendance upon a former. Committee. The names of all the Members having been reA, Lord .CASTLEREAGH observed, that the mode adopted 'upon the present occasion was agreeable to the uniform practice of the House, and it was unusual to object .to the name of any individual So nominated. No name could be more proper than that of Lord Cavendish, and the House was not. to - proceed upon an observation by a single Atember to alter the usual mode of pro ceeding. With respect to himself, a broad ground of disqualification hail been taken; and which, if applicable to the present case, would operate to prevent his giving his opinion. at all in that HOuse ? • Ilr..l3aouGuAm said, the Noble Lori seemed to think no objection was Admissible after the ballot. But the proceeding by ballot was quite in the dark, and without a previous list, it was impossi ble to know the nature of the -Committee. It might so happen, that the names of 21 persons might be drawn : who should be-physically incapable to attend, and who might be beyond sea. Was the House in such a case to be tied up by the ballot ? The obvious remedy would be a second ballot, should the majority be beyond sea. Such a case was not likely to occur in its fun extent, but had pro /unto occurred in the case of the Mem ber. for - Derby, who, tkough-n most competent Member, was unable to attend. It was alto known that Sir A. Pigott would not attend, and perhaps a third Gentleman- whom he had in his eye, but should not name. Should not the ab sence of these Members be supplied By the pre sent mode of proceeding, the Ministers themselves, their friends and connections, would form almost the while of the Committee ; and. to a Committee so constituted,• should an investigation so import ant be committed ? au such a Committee the Noble Lord (Castlereagh) could not-be confronted face to face, as could he done in the House. Against some of the :Members of the Committe it- was in tended to bring actions, and to seek for redress iu a Court of Law. Was it to be tolerated then, that these men should determine whether the Evanses and the• other sufferers should be at liberty to bring their actions or not, and thus to be exempt ed from all'responsibdity ? Ile should move, that • • the ballot 'be recommenced. • The'SPEAKER 'begged to ask what was the ques tiOU before the House? Lord CASTLEREAGIL—That , the Committee meet to-morrow. Mr. WILBERPORCE observed, that unless some understanding existed, it would be impossible to form a Committee by ballot. He conceived the ballot to be the fairest mode ; as by it none but the individual himself could know for whom he vo►ed. A mutual understanding, was, however, indispensable, in order to form a Committee. He, for example, might put names its a list that none else bad put, and thus his power of nominvion would be thrown away. But there should be more on the lists than those who agreed with Ministers. The SPEAKER stated, that there was no prece dent for expunging one name and substituting an other. Such a proceeding would jump over a number of orders of the House. No trace existed of such a proceeding unless in the case of a Par liamentary disqualification. A disinclination to serve was not sufficient, unless there was a physi cal impossibility of doing so. Mr. CALCRAFT obierved, tbot the Order of the House bad been satisfied by the ballot, and in a subsequent stage Cie House might fill up the names of those who could.not attend. Ile had himself once been upon 'a scrutiny, and as he had never been sworn to secrecy, felt himself at li berty to mention what had occurred. Out of 103 lists, 97 were written in the same hand, and feu• the same names, and he. believed came from a quarter not far off. He hoped that on Monday the names of-those who could not - attend would be supplied by others. • _ _ Mr. WILBERFORCE- said, that any person to whom. a list should be given might, if he pleased, expunge any name, and 'none could know it, Mr. CANNING observed, that the absence of any MeMber could easily be remedied, as the House had a power to compel the attendance of Mem bers. • , Sir \V. BURROUGiiS saw 'no reason why the House should not alter the ballot. The SPEAKER said, that a question .had once been started, _whether Sir Joseph • Jekyll could sit upon a similar Committee,' as he had not taken the oaths ; hut Sir Joseph having been nominated, was held to be qualified. Sir W. 1 - InßttooGns proceeded to observe, that the authori:y of - the House was competent to re view the ballot, and to Provide -against any incon venience that might arise. If Lord G. Cavendish could not attend, the number of the COmmittee would be less than 21, .and still less in the event of the non-attendance of Sir A. Pigott. In the course of the last - Session the - Solieitor 7 General had been added by motion to a Committee chosen by ballot. • The lionse could give effect to its pro ceedings, Were it known that the Noble Lord was unable to attend: He thought it would be ad iiahle that the meeting of 'the Commit - tee should . be postponed till Lord Cavendish should he able to attend. 'At all events, he trusted the House would remedy the abuse that was threat en-ed. [lad the ComMittee been appointed by no mination. the objection could have been stated, and another Member have been substituted. - Sir M iinnEy stated, that the absence of the Noble Lord was the effect of necessity, The ques tion waa then put and carried, that the Cominittee should meet to-morrow, and have power to send for persons, papers, and records"; that seven should be a quorum, and that the secret papers relative to the State of the Country should be referred to the same Committee. Lord PALMERSTON presented certain Papers re ative to the Army Estimate. Mr. BROGDEN moved for an Account of the number of Surchar2.es on the Assessed Taxes, and of the Appeals tor the last year.—Adjourned to Monday. PROPROSED INCREASE OF CHURCHES. A Meeting was yesterday held at the Freema sons'favern, Great Queen-street, for the purpose of raising a Fund to assist in the building of addi tional Churches and Chapels in the various pa rishes of the City of London, its vicinity, - and throughout the kingdom generally. ' 'the Assem bly was composed of a numerous body of the higher classes of society, but particularly of the most distinguished Members of Church 'and State. His Grace the ArchbiShop of CANTERkURY took the Chair, and explained - the object of the Meet ing. Among those who took an active part in the proceedings of the day, we observed the Bishops of London, Gloucester, Chester, and Londatr; his GraCe; th e Duke of Northumber land' ; Lords Sidmonth and Shaftesbury; •Mtisrs.'LooK, Wil berforce, Grant, &c. Nearly the whole Bench of Bish o p s , " (W. LONG, Esq. we beli e v e ) remark ed, and a One t loefats Assemblyhe LayPe were present. that the institution. of the • Society seeute,d. to interfere with the intended bounty of Parliament, which, in obedience to the gracious recommendation of the Regent, would no doubt. do all that was necessary. The Archbishop of CANTEnnur.Y; in explanatiot, said, that while the fullest confidence was placed iu.thg liberality: o f p„,ljameht, in its patronage of the object the present Assembly was met to promote, it was eritain that in many,. lf not in every case, the Parliamentary Grant,as appropriated to each parish, would be found inefficient fur the intended purpose. In many very populous parishes, the inltabitants generally were too needy to afford contributions, ss'lilleot the same time, their Churches were incapable ofaccommodating them at Divine Worship. To supply this deficiency the pie sent Society was about to be formed. . _ _ The Bishop of LONDON, in recommending the views of the Society, related the fact of a parish Church, situate in the vicinity of the metropolis., where the population had become •so great, that the majority of the patishimiers had ceased to visit the church, from an absolute want of room. To add to this inconvenience, a sort of colony had been recently esta- Wined within the same parish, but four miles front the Church, and the inhabitants, in consequence, might be said to have no place of worship whatever. For the assistance of parishes, it was further urged, that in some cases Churches had actually been built, but could not be endowed, front circumstances of 'poverty. Pt number of Resolutions, for the purpose of carrying the object of the meeting into effect, were then passed, -and the Assembly separated. • ANTIQUITIES IN LOWER EGYPT.—Those who feel an interest in whatever relates. to the Anti quities of Egypt, will be glad to hear' that the researches of some travellers now in that country have been rewarded with considerable sneeesi.— It is stated, " That Captain C. and Mr.' Salt have made excavations of importance near the Sphinx, and have •explored some new pas sages under the principal Pyramid of Giza ; .that Captain C. has discovered an apartment im mediately above the King's Chamber, and exact ly of the same size • and the same fine workman ship." We hope that these Gentlemen here- - after lay the result of their inquiries and re searches before the public ;, 'but, in tire • mean time, on the principle.of.euuntcuique, and without any intention of detracting frOm their merit, we think it right to state, that the late Mr. Davi son (formerly British Consul at Algiers), whose modest and unambitious character prevented him from publishing the remarks he had made during his residence in the-East, had already dis covered that apartment. His account of the chamber, which he was the first to explore, and which no other traveller had noticed, together with some curious details respecting his descent into the pits and wells of the great Pyramid, are now given to the world from his papers in the possession of his friends.—See Walpole's Memoirs relating to European and Asiatic Turkey, pp. 350 —354. Yesterday a Court of Directors was held at the East India House, when Captain T. F. BALDeR. STON was sword into the *command ,of the ship Asia, consigned to Bengal 4ud Madras. ■ LAW INTELLIGENCE• COURT OF KING'S BENCH, FED• 6. WILLIAM ASHFORD V. ABRAHAM THORNTO-) 1 APPEAL OF MURDER; the This being the day aointed for arguing e, demurrer by the ap p ella nt p to the appel lees < <t plication, in this unusual proceeding, the .' l°- - was crowded to excess at an early hour. • • he. As soon as the Judges took their sea tB/1 case was called on, and the parties being P rcseo • were allowed to sit during the argument. t i f f ress Mr. CHITTY, in a learned and ingenious a- r , to the Court, endeavoured to support the (101 :4, .rer. Ile commenced by reciting the.speckal e , ings in the cause (which are fresh in the re cu " e i don of the public), and upon the face of then submitted that t he appellee's replication to the ter-plea was insufficient in law to entitle ) wage baud with the appellant, upon two gr" i g lec Ist. Because it was not competent for the O • r in his answerro the counter-plea, to Stitte cu' • stances affording a presumption of Innocence; a n d ... 2d, because the circumstances as they were st4 k. in the replication afi-,rded no answer to co ' ter-plea. Io support of those propositiouP,i , contended, that by the existing law of the la.f l ';ig person appealed for a supposed marder ri „ie entitled to wage baud where there was evi`l e "lo affording a presumption of guilt. It could disputed, that the right of appeal existed a t cull° d law, and was recognized by the statutes Gloucester Gth Ed. I C. 9. and 3d Hem. 1. ; but in order to support the ortaltr 7 lo . tiou which he contended for, 0 .- • ," ) ,1 1 %1 ' following authorities, as decisive to where there are circtimstinces afforditv i ,'„.<4,4l presumption of guilt the appellee nis i to wage wage battel, -viz.:- 13-St Glanville B. 14, c.-1, 350, 353, c. 2, 357. Br c 4 11,0 c. 18, 136, 137, a. - Eleta B. 1, c. 31, 47. Britton 40. r Mirror 158. Staniftirdc 1 1 ,,C. B. 3, c. 13, 176. 1.11.1 : e . t .5 belt's Abridgmetit; , Pl.. '4 1 188, a. Hearne's Au ti q u L it: 172, 202, 219, 222. •Pulton's Abridgment, 185, b.. 294, b. 2 Inst. 247; c. Hawk. P. C. 8.2, c• .45 ' 5 .23 Dnfresne's Glossary, 2 v o l. 187. M o ntescinieu's S. I."' B. 0 ; c. 25. Robertson's Charles VI. 975. Reeve's HistorY English Law, 2 vol. 25. Dr:- Henry's History of G reat lir tain, 1 vol. 352, and Barritto . ton on the Statutes:, 326. Erskine's flistOr . s4 the Scnis . 11 Law, 463. A n T, D n '' ,:l. lo anonymous. 11 State Trials biTiargrace,. '2•789 and in 157. Fitzherbert's - Abr. P 1.411. Bro'ali's Abridgm ent Battail. 1 State Trials, 11. Clarendon's Case. 2 14 4 3 1. Ttial, 553. Slaughtelford's Case, 9th State 12 Modern Rep. 373. Trentain's P. C t B. 31, c. 2, '`. &remit v. Abbott. 1 Wilson, 405. • „eil Upon all these several authorities the L eaci : o Counsel commented as he proceeded, cont er " i %o that they sustained the proposition with whi cit j e r set out. Applying this doctrine to the case-0110 the consideration of the Court, he argued the t ot pleadings upon th e re cor d di sc l ose d su ch preg" suspicion of the app e ll ee ' s gu ilt, a s. to call lI P4 the Court to deny the right of battel, and c" 1 ,10 him to conclude with the general issue to country ; and in aid.of this part of the argoo l iA e 1 16: he cited Dalton's Justice of the Peace. C. V ai . " and Phillips's Law of Evidence, 129. Ile ( contended that the appellee's replication is' os 1 7 1 - 1 : 4 in form, inasmuch as it replied fresh facts Ll' appellant's counterplea ; a nd cited a u thorities 1 ,, ‘ 4 this position ; and lastly, be contended that I of autrefAs acquit set f ort the TeplicOtO V ; t i :: a sa rebut the -s usp i c i ons of guilt in-ipotesi to as to entitle hint to wage battel, ond for "'li g referterf t 0.2 ,Strange,Bs3. S. B. 704. ii 7 i 150 ,,1 5 - ; Kennedy.-- 1 Wilson, 132. Buller's P N. . Phillips's "La w of Evidence, 960. fi e some 04 her. 'objections to th e replication, prt i ' do -t : lady, as to, neat part which pelated to ; ccentending there was not a sufficient . aver igt ,:c that the appellee could not have been on the st et 'at +he time the - rape and murder were coriato'ttL. and ulion- this point hi cited Foster, c. 6. go t ;1114-upon all , thesc grounds, after au argt u l l o l whicp lasted; more than four.hours, he sub"', l “i t o that the appellee -ought not to be nil4lt A wage battel, but ought to be compelled to - trial by a Jury of the-Country. (15t' The further argument of the case WB 5 P paned until to-morrow (this dad ). VIOL 14 Surctm.-- . -Tbursday afternoon, Mrs. pe ,, Parker, a - Lady occupying a bou i le in }3ry Shbreditch, was found banging to the 11 by a rope-; she was cut down whilst ‘va rrw, '- was quite dead.- The body of a genteel dressed rnan,.in a „ r blue great coat, was found floating on the at Bridge, Chelsea, on Werlneai l ; sl ,, evening—if was conveyed to an adjoining ftli bi, f c house to be owned. He did not appear to 11 . 3 been long, itube water. I COURSE OF EXCHANGE, FRIDAY, FEB..'S• Amsterdam l6 10 0. Ditto, at Sight ... Ainstet dam Ditto, at Sight 1 I 3 C73;- Rotterdam ll 7 :a., „ty Antwerp ll 8 -Ex.T.‘ t i l t , Haniburgh Altona • ),4, 4 9 1 '- Paris, 3 Day's date Ditto ..... 24 25 1 i riourdeaux,dit io e .. - 24 25 • of Fraidiforl6a the Main • • • .... 142* Ex• Nl‘is -' -e Madrid - i%t t "'t' Cadiz . F9I t.:dec" Bilboa .., Seville... Gibraltar ..Leghorn. ... . Genoa... - 471—Venice, Ital. Liv 24 70. Millta... —5O —Naples ' • • * 44 Palermo - . 129,1. per al! Lisbon Oporto . 1-tio Janeiro . • 65 . Dublin.... ......84..... Cork. ...• 9 per Cent. Agio of tile Bank on Holland.... 2 per Cent • B IRTH On Wednesday last, the Lady of Sir Alexander cloud, Bart. of a daughter. DIED. On the 3d inst. at Hedingliani Castle. ", F." • Mrs., • '5-e, both Majendie, widow of the late Dr. John James Ala.J'h t Canon of Windsor. • ._...., LONDON: Printed hyJ. B. CARSTAIRS, of No. C. 9 ,? re A Bt Ornxond-street, Queen-square ; and published' ICY SCRIPPS, of No. 7, South Nloiton-street, at THE S U Office; No. 112. Strand ; where Advertisements, Or lurs ' Letters, exc,,.(post-pasid) nit:at Lao ddressed. t Th e 4y ItA t ' 414 . , (44,